State v. Small

100 So.3d 797 (2012)

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Nature of the Case

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Facts

S.S., age six, was found unconscious from smoke and soot inhalation inside her burning home. The fire originated on the back right burner of the kitchen stove. S.S.'s mother, D, had left S.S. and her brother J.D., age seven, asleep unsupervised in the second-story apartment at about 10 p.m. to go drink at the home of her friend, Patrina Gay. A neighbor called Gay to tell her about the fire. D who smelled strongly of alcohol arrived about 20-30 minutes later. J.D. had escaped by jumping out of a window. S.S. was found inside and could not be revived. D was arrested for cruelty to juveniles. A few days later, S.S. died. It was determined that a pan that had melted on the stove in D’s apartment caused the fire. A grand jury indicted D for second-degree murder based on the underlying felony charge of cruelty to minors. The trial court admitted into evidence D's prior conviction for criminal abandonment. In that colloquy, D recognized the gravity of her misconduct and promised she would not leave her children unattended again. P argued in the present case that D's assurance was relevant to proving her guilty knowledge and the absence of mistake. D conceded that she neglected her children, but argued that the fire was an unforeseeable accident and that D was guilty of negligent homicide rather than second-degree felony murder. D was convicted of second-degree murder. The court of appeals affirmed. It concluded that cruelty to juveniles does pose a special danger to human life in the abstract and may properly serve as a predicate to a felony murder charge. D's extreme indifference endangered the welfare and safety of these young children and D should have foreseen the possibility of harm or injury. P appealed.